SEALED SHIPMENT. If Shipper loads and seals the cargo in or on the Intermodal Equipment and the Carrier does not have the opportunity to count the cargo being loaded and the seal is intact upon delivery, then Broker and the Carrier shall be absolved from any liability for shortages or any damage to the cargo except when proximately caused by independent action of Broker or the Carrier. Such absolution of liability will also occur if (i) the seal is broken at the direction and under the supervision of an agent of a governmental authority, or (ii) the Intermodal Equipment is preloaded and the Carrier’s representative cannot practically determine the adequacy of loading or count of the cargo in or on such Intermodal Equipment. Xxxxxx will direct the Carrier to request any governmental authority that breaks a seal in connection with an inspection to reseal the trailer or container and/or make appropriate notation on the cargo documentation form. Xxxxxxx agrees that the Carrier engaged by Xxxxxx may break the seal on a trailer or container if, upon its determination, it becomes reasonably necessary to do so to inspect, reposition, or protect the cargo or the transportation equipment or to comply with federal, state, municipal, or provincial laws, rules, and regulations. Xxxxxxx’s consignee may not refuse delivery of a shipment solely because the seal on the Intermodal Equipment is broken.18
Appears in 1 contract
Samples: Intermodal Transportation Agreement
SEALED SHIPMENT. If Shipper loads and seals the cargo in or on the Intermodal Equipment and the Carrier does not have the opportunity to count the cargo being loaded and the seal is intact upon delivery, then Broker Cornerstone and the Carrier shall be are absolved from any liability for shortages or any damage to the cargo except when proximately caused by independent action of Broker Cornerstone or the Carrier. Such absolution of liability will also occur if (iI) the seal is broken at the direction and under the supervision of an agent of a governmental authority, or (ii) the Intermodal Equipment carrier equipment is preloaded and the Carrier’s representative cannot practically determine the adequacy of loading or count of the cargo in or on such Intermodal Equipment. Xxxxxx Cornerstone will direct the Carrier to request any governmental authority that breaks a seal in connection with an inspection to reseal the trailer or container and/or make appropriate notation on the cargo documentation form. Xxxxxxx agrees that the Carrier engaged by Xxxxxx Xxxxxxxxxxx may break the seal on a trailer or container if, upon its determination, it becomes reasonably necessary to do so to inspect, reposition, or protect the cargo from damage or causing damage or the transportation equipment or to comply with federal, state, and municipal, or provincial laws, rules, and regulations. Xxxxxxx’s consignee may not refuse delivery of a shipment solely because the seal on the a Motor Carrier or Intermodal Equipment is broken.18broken.
Appears in 1 contract
Samples: Terms and Conditions Agreement
SEALED SHIPMENT. If Shipper loads and seals the cargo in or on the Intermodal Equipment and the Carrier does not have the opportunity to count the cargo being loaded and the seal is intact upon delivery, then Broker Cornerstone and the Carrier shall be are absolved from any liability for shortages or any damage to the cargo except when proximately caused by independent action of Broker Cornerstone or the Carrier. Such absolution of liability will also occur if (iI) the seal is broken at the direction and under the supervision of an agent of a governmental authority, or (ii) the Intermodal Equipment carrier equipment is preloaded and the Carrier’s representative cannot practically determine the adequacy of loading or count of the cargo in or on such Intermodal Equipment. Xxxxxx Cornerstone will direct the Carrier to request any governmental authority that breaks a seal in connection with an inspection to reseal the trailer or container and/or make appropriate notation on the cargo documentation form. Xxxxxxx Shipper agrees that the Carrier engaged by Xxxxxx Cornerstone may break the seal on a trailer or container if, upon its determination, it becomes reasonably necessary to do so to inspect, reposition, or protect the cargo from damage or causing damage or the transportation equipment or to comply with federal, state, and municipal, or provincial laws, rules, and regulations. XxxxxxxShipper’s consignee may not refuse delivery of a shipment solely because the seal on the a Motor Carrier or Intermodal Equipment is broken.18broken.
Appears in 1 contract
Samples: Terms and Conditions Agreement
SEALED SHIPMENT. If Shipper SHIPPER loads and seals the cargo in or on the Intermodal Equipment and the Carrier does not have the opportunity to count the cargo being loaded and the seal is intact upon delivery, then Broker Cornerstone and the Carrier shall be are absolved from any liability for shortages or any damage to the cargo except when proximately caused by independent action of Broker Cornerstone or the Carrier. Such absolution of liability will also occur if (iI) the seal is broken at the direction and under the supervision of an agent of a governmental authority, or (ii) the Intermodal Equipment carrier equipment is preloaded and the Carrier’s representative cannot practically determine the adequacy of loading or count of the cargo in or on such Intermodal Equipment. Xxxxxx Cornerstone will direct the Carrier to request any governmental authority that breaks a seal in connection with an inspection to reseal the trailer or container and/or make appropriate notation on the cargo documentation form. Xxxxxxx SHIPPER agrees that the Carrier engaged by Xxxxxx Cornerstone may break the seal on a trailer or container if, upon its determination, it becomes reasonably necessary to do so to inspect, reposition, or protect the cargo from damage or causing damage or the transportation equipment or to comply with federal, state, and municipal, or provincial laws, rules, and regulations. XxxxxxxSHIPPER’s consignee may not refuse delivery of a shipment solely because the seal on the a Motor Carrier or Intermodal Equipment is broken.18broken.
Appears in 1 contract
Samples: Transportation Agreement